On October 15, the owner of a local tree farm telephoned the…
On October 15, the owner of a local tree farm telephoned the owner of a small gas station and offered to sell the gas station 100 cut evergreen trees for resale as Christmas trees in the gas station’s parking lot for $2,500, not including delivery charges. The gas station owner accepted immediately. On October 17, the gas station owner sent the tree farm an e-mail confirming the deal for the sale of 100 trees for $2,500, and stating that it anticipated a waiver of the delivery charges because of the size of the order. On December 3, the tree farm owner again telephoned the gas station and stated that, due to a tree loss caused by a recent storm, the tree farm would not be able to supply any trees to the gas station. If the gas station brings suit against the tree farm and the tree farm asserts the Statute of Frauds as a defense, will the gas station prevail?